Copyright surround football badges - Copyright Aid (2024)

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Andy732
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Copyright surround football badges

Postby Andy732 »

Good Afternoon,

I was wondering if anyone has any knowledge surrounding the copyright of badges/emblems of football teams in England?

I am basically considering producing a club badge from sheet stainless steel via laser cutting, to sell to fans of the club in question on the internet.

I intend to trace the football club logo as closely as possible to produce a file suitable for laser cutting, that also resembles the logo as closely as possible.
I don't intend to use any colour other than the natural finish of the stainless steel.

Do you think what i intend to do would breach the copyright of the logo? - or can I declare my designs as "unofficial" and not an exact copy?

Thank you for taking the time to read this and i would greatly appreciate your opinion,

Kind Regards,
Andy

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Copyright surround football badges - Copyright Aid (2)

AndyJ
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Postby AndyJ »

Hi Andy,
First of all it's not just copyright that you need to consider. Many if not all of the major teams' logos will be registered as trade marks, and depending on what has been registered as the mark (say the overall shape or more specific details such as the club's colours) you may find this aspect is just as great a problem as the copyright issue.

Copyright surround football badges - Copyright Aid (4)Copyright surround football badges - Copyright Aid (5)Copyright surround football badges - Copyright Aid (6)Copyright surround football badges - Copyright Aid (7)
These are all registered marks of their respective clubs, but several other variations also exist for each club. If you reproduce an emblem in a way which still makes it recognisable as the club emblem then that could well lead to either a trade mark infringement or passing-off claim, because such marks are likely to be registered in, amongst other categories, Class 20 (includes things like plaques) and class 28 (badges etc).

Turning to the copyright issue, as you appear to acknowledge, these logos and emblems are likely to be covered by copyright as artistic works. Copyright is infringed if a substantial part of the original work is copied without permission. I suggest that your stainless steel version, albeit without the colour, which "resembles the logo as closely as possible" would almost certainly constitute a substantial part of the original design. It doesn't make any difference that you will have reproduced the design (or at least a major part of it) in a different medium:

Section 17(2) Copyright Designs and Patents Act 1988:
(2) Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.
This includes storing the work in any medium by electronic means.

On that basis, I think your idea is likely to attract the wrong sort of attention from the clubs, who protect their intellectual property with vigour. Here are a couple of major court cases involving clubs and unauthorised merchandise: Arsenal FC v Mtthew Reed and Football Association Premier Leagure Ltd v Panini UK Ltd to give you an example of what you might expect, if you go ahead without seeking a licence.

Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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Copyright surround football badges - Copyright Aid (2024)

FAQs

Can I use a football team logo? ›

If you wish to use any Football Association intellectual property, you will need authorisation. Unless you have authorisation you are not permitted to produce, distribute or sell any products that bear Football Association marks and this includes the production of samples to show manufacturing or product capabilities.

Are football club nicknames copyrighted? ›

Club Nickname

Many football clubs have nicknames, for example, Manchester United are also called 'the Red Devils'. It is also likely that a club will seek to protect the official use of the club's nickname by registering it as a trademark.

Are soccer club logos copyrighted? ›

Trademark law prohibits use of a team's logo or other trademarks that will confuse consumers into believing there is some affiliation, connection, association, sponsorship or approval between the team and you.

Can you use NFL logos without permission? ›

Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries, as applicable.

How can I legally use sports logos? ›

To use a sports team's logo requires permission from the owner of the copyright and/or trademark (if the logo is also used as a trademark). Permission must be in writing (copyright law requires this be in writing to be valid).

How to get permission to use football logos? ›

To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. Third parties should never use someone else's logo without a licensed agreement, including program and corporate logos.

Are football matches protected by copyright? ›

The players of the opponent teams are competitors and not collaborators. Therefore, football matches as unprocessed events cannot be protected as works.

Can I use sports team logos on my website? ›

You would typically need to seek permission from the rights holder, such as the sports team or the organization that owns the rights to the logo.

Can I sell something with a sports team logo on it? ›

According to U.S. Trademark Law, “the unauthorized use of a mark in commerce” is considered trademark infringement and can lead to legal action.

Are team logos public domain? ›

You can't sell products with the logos without permission. You could get sued for trademark infringement. Copyright would depend on the logo and its history. Check out the trademark licensing terms and conditions of each team.

What counts as copyright infringement on logos? ›

Logo copyright infringement is when a logo, that has been registered as intellectual property, is used without the owner's permission. Copyright law protects the logo as an artistic work. If anyone uses an important component of your logo then you may be able to legally pursue them for infringement.

Can I put a NFL logo on my shirt? ›

All of the NFL teams have their logos, names, etc. trademarked either individually or through the NFL. To legally sell anything with those logos you would have to get permission of the team and the NFL. Since all of these are registered trademarks you could be fined for each sale you make.

Can I use teams logo? ›

Many uses, including our logos, app and product icons, and other designs, will require a license first. Unless you have an express license from Microsoft, these Trademark Guidelines will exclusively govern your use of our Brand Assets.

Can I use a team logo on a shirt? ›

Certain designs, images, slogans, and other forms of content are legally protected. This means you can't just use the logos of your favorite sports teams in a design or certain things from your favorite television shows. However, that doesn't mean your t shirt design has to be boring.

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